KINGSLEY v. STATE OF MAINE et al, No. 2:2020cv00045 - Document 13 (D. Me. 2020)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting 9 Report and Recommended Decision re 1 Petition for Writ of Habeas Corpus filed by ERIC KINGSLEY. No Certificate of Appealability should issue because there is no substantial issue that could be presented on appeal. See Fed.R.App.P.22 and Rule 11 of the Rules Governing Proceedings Under 28 U.S.C. Section 2254 or Section 2255. See also First Circuit Local Rule 22.0. By JUDGE NANCY TORRESEN. (mnd)
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KINGSLEY v. STATE OF MAINE et al Doc. 13 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ERIC KINGSLEY, Petitioner, v. STATE OF MAINE et al., Respondent. ) ) ) ) ) ) ) ) ) ) Docket No. 2:20-cv-00045-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Petitioner Eric Kingsley seeks relief pursuant to 28 U.S.C. § 2254 (ECF No. 1) from a state court conviction and sentence. The United States Magistrate Judge filed with the Court on August 12, 2020, his Recommended Decision on Petitioner’s request for relief pursuant to 28 U.S.C. § 2254 (ECF No. 9). The Petitioner filed an objection to the Recommended Decision on September 1, 2020 (ECF No. 12). I have reviewed and considered the Magistrate Judge’s Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge’s Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. It is Dockets.Justia.com further ORDERED that no certificate of appealability should issue in the event the Petitioner files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2). SO ORDERED. /s/ Nancy Torresen_______________ United States District Judge Dated this 11th day of September, 2020. 2
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